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Daily Daf Dose
The Gemora states: If one’s wife and his wife’s sister’s husband both went overseas and he heard that they died, and he went and married his wife’s sister. They both subsequently returned. The halacha is as follows: His wife’s sister is forbidden to remain with her previous husband (as we previously learned, that a woman who marries on the basis of testimony that her husband died, and then he returns, she cannot return to her husband), but his own wife is permitted to him. We do not say that since his wife’s sister is forbidden to remain with her husband, his wife should be prohibited to him.
Rashi learns that the wife’s death became known through the testimony of one witness. Tosfos Rid and Maharsha ask that a single witness is only believed to permit a woman to remarry because we do not want her to remain an agunah; how can Rashi write that the husband married the sister on the basis of the testimony of a single witness?
The Maharsha answers that the husband erroneously thought that a single witness is believed that his wife died, and he is therefore permitted to marry her sister.
Additionally, he suggests that Rashi maintains that just as a single witness is believed to permit a married woman to marry because we do not want her to remain an agunah, so too, the Rabbis permitted the prohibition of a wife’s sister because of agunah.
The Netziv disagrees and says that in general, a single witness would not be believed to permit the prohibition of a wife’s sister; however, in a case where he is believed that the husband died for the purpose of allowing the wife to remarry, he is also believed that the wife died, thus permitting the husband to marry her sister.
Tosfos s.v. v’af al gav states that there were two witnesses that his wife died because otherwise, he would not be permitted to marry her sister. He does cite two opinions regarding how many witnesses there were testifying that his brother-in-law died. This would depend on the dispute between the Chachamim and Rabbi Shimon regarding the permission granted to the wife to return to her husband if there were two witnesses testifying. Since the Gemora rules that the wife is forbidden to remain with her husband, the Gemora is either referring to a case that two witnesses testified, and the Gemora is following the opinion which maintains that the Rabbis dispute Rabbi Shimon and hold that she would still be forbidden; or the case of the Gemora is where there was only one witness.
Rashi learns that the wife’s death became known through the testimony of one witness. Tosfos Rid and Maharsha ask that a single witness is only believed to permit a woman to remarry because we do not want her to remain an agunah; how can Rashi write that the husband married the sister on the basis of the testimony of a single witness?
The Maharsha answers that the husband erroneously thought that a single witness is believed that his wife died, and he is therefore permitted to marry her sister.
Additionally, he suggests that Rashi maintains that just as a single witness is believed to permit a married woman to marry because we do not want her to remain an agunah, so too, the Rabbis permitted the prohibition of a wife’s sister because of agunah.
The Netziv disagrees and says that in general, a single witness would not be believed to permit the prohibition of a wife’s sister; however, in a case where he is believed that the husband died for the purpose of allowing the wife to remarry, he is also believed that the wife died, thus permitting the husband to marry her sister.
Tosfos s.v. v’af al gav states that there were two witnesses that his wife died because otherwise, he would not be permitted to marry her sister. He does cite two opinions regarding how many witnesses there were testifying that his brother-in-law died. This would depend on the dispute between the Chachamim and Rabbi Shimon regarding the permission granted to the wife to return to her husband if there were two witnesses testifying. Since the Gemora rules that the wife is forbidden to remain with her husband, the Gemora is either referring to a case that two witnesses testified, and the Gemora is following the opinion which maintains that the Rabbis dispute Rabbi Shimon and hold that she would still be forbidden; or the case of the Gemora is where there was only one witness.
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